EHCP support thread no. 3

[Phineyj]

A new thread for when no. 2 is full up.
Link to thread no. 1: https://www.mumsnet.com/talk/special_educational_needs/4834986-ehcp-support-thread
Link to thread no. 2:
https://www.mumsnet.com/talk/special_educational_needs/4989146-ehcp-support-thread-no-2

I am the mum of an 11 year old girl with SEN and have spent the last 20 months battling for my local authority to issue an EHCP to support her transition from primary to secondary school. We are currently after draft stage after two tribunals. I've had so much useful advice and moral support from posters on here.

This new thread is here to help everyone, whether you're just starting out or are a battle-hardened veteran of years of this.

There is no such thing as a stupid question and there are many acronyms and technical terms so please ask for an explanation of anything that you don't understand.

SEN: special educational needs (sometimes SEND: special educational needs and disability)
SENCO: teacher at school charged with overall responsibility for students on roll with SEN
ECHNA: education care and health needs assessment - the process of a local authority commissioning reports to find out a child's needs
EHCP: the education care and health plan that details a child's needs and the agreed provision to meet them; a legally binding document
SENDIST: the special educational needs and disability tribunal - an independent appeal panel which considers parental appeals against Education Authority decisions about special educational needs.

@Mummytodo if the hearing isn’t until June, unless the LA concede beforehand, realistically you are looking at a Sept 25 start anyway.

Thank you @BrumToTheRescue let's see what they say on the 21st really hope the evidence I've sent will push into conceding

@BrumToTheRescue thank you very much for the heads up, I wouldn’t have thought to check that otherwise.

Needs in reports that have been included in section B of the EHCP- are the LA supposed to copy the wording of the needs exactly as they are in the reports? Or are they allowed to amend wording/merge needs? For some needs, they’ve done the latter and I’m finding it tricky to cross-check and work out what reports they’ve pulled things from so I can work out what is missing.

So I wanted to delete what they’ve put and just copy and paste the needs as they are in the reports. Not sure if I can do that?

@Alltheyearround thank you for sharing your experience, that was really useful. Good point re sticking to the facts- this whole process has been so frustrating and I can imagine myself going off on a tangent!

The NHS OT minimised DD’s needs when reviewing the private report and so I’m worried about challenging that without the back-up of the private OT as a witness.

Also worried about justifying why DD needs direct speech and language therapy weekly as opposed to just daily interventions with a TA. In my mind I know why she needs this, but just feel worried I’ll be out of my depth on the day and, again, without the back up of the SLT as a witness. As both report writers don’t offer that tribunal attendance as a service.

@Ponche go through the reports and highlight all the needs in one colour and all the provision in another. This will help you see what is there and what is missing. SENDIST doesn’t like large chunks C&P, you can C&P shorter points/needs/provision or paraphrase them - the LA shouldn’t be watering down needs/provision. You can make proposed amendments/deletions. You can’t just delete the EHCP's wording or the LA's proposed amendments.

Try not to worry about witnesses attending. It isn’t essential. If the reports are watertight, they speak for themselves. For example, the SALT report should evidence why direct provision is required. Another example, has the NHS OT met DD, and if it is related to sensory needs/provision, what sensory qualifications do they have? Many NHS OTs do not have sensory integration qualifications and even fewer have at least level 4 or equivalent of the Sensory Integration Network Postgraduate Modules - i.e. advanced practitioner.

@BrumToTheRescue morning just wondering you could help. DD draft plan has no mention of 1: 1 teaching assistant the LA have just put all her provision together under universal provision, quality first teaching, general strategies and an executive functioning profile. I have asked for 1:1 provisions detailed in hours in the comments section. Do you think I will have to take to a tribunal or do you think they will change wording and actually give her the personal one on one that she need??
Thank you for you time.

@Onegentlepeer it is impossible to say if the LA will agree to amend to include 1:1 in F. Do the reports detail, specify and quantify 1:1?

So we should have heard back from LA last week about what decision they have made as that was week 15 but nothing. I'm going to email them today.
On a different note how have you found getting a place at a special school once you get EHCP? I emailed our local one and they said reception is almost full for this year already so by the time we get EHCP it'll be too late (probably).
What do you do then? I mean DS has a place at mainstream, he's happy there and has a sort of 1:1, but not officially and constantly changes but he's not doing any learning, not even learning to socialise with other children. They don't use sign language with him either (he's non verbal and doesn't sign either but he understands it because they used it in nursery).
I'm guessing (well hoping really) he would get a proper 1:1 in mainstream if EHCP was approved but who knows?
Sorry I know it's more of a rant than a question but the stress is starting to really affect me, I'm being physically sick constantly and am sure it's stress/worry.

So we are ten days off our deadline date for a decision on whether to issue. Except I have had no contact from LA except a request for us to complete the parental contribution, neither has DD. I emailed them requesting they consult a few professionals and had an email back to say two had already been sent details and she would add the other one. None of these have been in contact with either us or the school.

I emailed last week to return the parental contribution doc and asked for an update but have had no reply, not even acknowledging they have received the doc.

I attended a SEND parent forum run by our LA last week and the staff there were completely unaware of the issues most families face in having to fight for what they need. The most common phrase was "why do we have to fight every step of the way?"

@handmademitlove IPSEA has a model letter you can use if the correct advice has not been sought during the EHCNA.

@Crystallizedring if the LA decides to issue, when you get the draft, you get the chance to state your preferred placement. Unless the school is wholly independent, the LA must name your preferred school unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.

On its own, being ‘full’ (which isn’t defined in law) is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DS is incompatible. There is a point where LAs can do this, but this is a higher bar than many LAs and schools admit.

You could also look if there are any other schools, including out of area and independent schools, that could meet DS’s needs within travelling distance.

Ultimately, you may have to appeal, I’m afraid.

If the LA hasn’t sent a draft by week 14, IPSEA has a model letter you can use.

You could go back to your report writers and ask their advice for the points here.

DD needs sensory input because (e.g. otherwise she can become dysregulated and this gets in the way of learning/means she has a meltdown etc).

Speech the same, and check what the guiidelines are for her condition with the RSCLT, thy often have policy documents which say what is recommended (often far above what NHS provides but they are the nationally approved professional body advice). You could talk about maybe how she didn't progress with less provision in place and her need to be able to learn to communicate - so vital. You almost can't believe people would want to argue against a child having something like speech therapy...but put emotion to one side. Calm and assertive, you are speaking for the child who can't speak (we also had SALT and OT stuff they were arguing - we got everything). Have the LA put it in place? Aks me another question!

Think about what the LA or NHS could say and plan your counter arguments. TBH the panel are very experienced and as long as your evidence is good and specific they will apply it to the case. They will be able to detect bullshit from a mile away as they are doing this all the time. They and the judge are there to see the law fairly applied. Lots of parents represent themselves. You know your child, their needs, and what they need from the evidence in the reports.

The LA and the NHS will know much, much less but will try to waffle their way round. Know your keys points,, keep pointing to the evidence, repeat as needed. The judge and panel will listen.

As always thanks for your advice. I'm so tired of fighting for everything. Obviously I'm going to keep going but I said to DH it's no wonder so many parents give up. The constant battles are exhausting.

Hello, DS diagnosed with ASD/ ADHD and Demand avoidance last month. Applied EHCP same day, today declined. I will want to appeal.
Please can someone advise me what to do next, I had to provide no evidence but the school did. LA reported his needs can be met, I pay for tuition as his attendance was poor in 2023 due to burnout.
What paperwork do I need to obtain?
LA have offered mediation prior to appeal.
can someone talk me through this so I can get started.
DS has a 70% chance of NOT making it through the education system.

at this stage the intention is for DS to remain at his mainstream primary and continue to mainstream secondary. He’s academic and masks.

You should have been given some information about how to appeal in the decision letter. You have to talk to a mediation advisor whose details should have been given in the decision letter and decide whether you want to try mediation or not. You are free to say no. To start the process, you need form SEND35A - https://assets.publishing.service.gov.uk/media/642aed26ddf8ad0013ac0c97/SEND35A_0423_save.pdf . `I would suggest you consent to the case being dealt with on the papers, i.e. without a face to face hearing, as the issues involved are very straightforward, and that will enable the case to be dealt with slightly more quickly.

As the questions on the form indicate, the only legal criteria the tribunal has to consider are whether your child has or might have special educational needs, and whether they might need help through an EHCP. The second part of the test involves consideration of whether it is likely that your child's needs can be met within normal mainstream class resources, looking at things like progress to date and what their difficulties are. As you will note, it's quite a low bar.

Well over 90% of these cases are won by parents, so it is definitely worth trying.

Thank you for your response, it’s very much appreciated.

We have a deadline to submit our case review form next week. Appealing sections B and F.

The LA did not submit the response from the school on the final evidence deadline, saying they hadn't received it. However, the school sent me a copy of their response weeks ago. The LA is now asking if I will agree for them to submit this as late evidence. Is this fine? Should I have submitted it myself?

Is the CRF our last chance to indicate whether we will have a solicitor or other witness involved? So far we have done extensive WD amendments ourselves but have not heard back from the LA. If they don't accept our changes, can we get a solicitor involved even if they're not named on the CRF? Do we need any other witnesses? For every amendment requested, I've cited the professional reports.

If the LA won't agree the changes, then we are willing to get a solicitor involved but are hoping to save the expense if we can. Thanks

@SpaceInvader321 the LA is responsible for submitting the school information. Even if you object to the late evidence, SENDIST is likely to allow it in order to have the school information. You can request a representative after submitting the CRF. Witnesses aren’t essential, but can also be added/changed after submitting the CRF. With the long gap between the date for the CRF to be submitted and the hearing date now, it isn’t uncommon. Witnesses can sometimes change right up to the hearing.

@airhostess I replied on your thread under a different name - didn’t want you thinking I was ignoring you.

@BrumToTheRescue Thank you. I don't think I object to the school's evidence. The SENCo has mentioned in it that the LA's funding doesn't cover the cost of the provision. I know we can't address that in our appeal but it would be good to have it on record, I guess.

What's the process for naming a witness or representative later? Does the LA have to agree?

I'm feeling so weary right now. School is trying to support, but both of my kids are really struggling in our massive MS secondary and we're not even through a single half term yet. I'm already questioning whether we'll need to appeal yet again for a change to a specialist ASD school. (Though of course neither kid wants to change schools, transition being hard and all that.)

@SpaceInvader321 you don’t need the LA to agree to a witness or representative. An updated CRF can be submitted. Depending on specifics, sometimes a RFC form is needed.

You absolutely can raise the actual cost of provision (as opposed to whatever sum the LA is giving the school). The tribunal has made it clear that it wants to know actual costs, not just the cost to the LA, because it has to take into account the total cost to the public pure. Therefore if the SENCo can be persuaded to give the actual figure that may well be helpful.

@Scruffily Can I? Whenever I've raised this before I've been told that the funding is an issue for the school to negotiate with the LA and we can't appeal it. Our final evidence deadline has passed, but should I reference the school's costing statement in the WD?

@SpaceInvader321 parents can’t appeal to SENDIST for funding directly, but public expenditure can form part of the appeal. For example, when LAs claim a placement would be unreasonable public expenditure. When it is said to focus on the provision in F being detailed, specified and quantified rather than the funding, it is because provision in F can be enforced. It is of little use if the LA claim they will provide, e.g. £20k of funding if F is not detailed, specified and quantified because then the LA doesn’t have to fund that £20k.

I have added my comments to DD's draft ehc plan and submitted.
School wish to suggest some changes also. Do they do it through their system or do I have to do it?? If I have to it's too late I have submitted my comments and can no longer add comments / suggestions.
Any help is appreciated. @BrumToTheRescue last time I'll ask. This who process is deliberately confusing.

@Onegentlepeer if you want to make further comments, you can contact the LA. The school will be consulted and they can comment then. Be careful with supporting the school’s wish for amendments without considering them carefully. Schools sometimes want amendments in order to fit in with ‘how we do things here’ or to water provision.

@BrumToTheRescue
I have a meeting with the school to lalk about what they want to change / suggest. My dd can not speak to other children... The school say she can and want to change something related to that and other things by the sound of it. And the school do play down DD's needs. I am not in agreement and I want to see what they are trying to change. Can they still change without my agreement??